Another Failed Effort to Remove a Ripoff Report Posting–Karnaby v. Mckenzie
…need a well-functioning 17 USC 512(f) cause of action. For more on the weaponization of copyright law for privacy/reputation purposes, see my Copyright’s Memory Hole article. Lumen has published a…
First Post-Viacom 512(c) Opinion Doesn’t Look Much Different–Obodai v. Demand Media
…to brief and to-the-point Section 230 opinions. Obodai claims that a Cracked.com user, “socialway,” published 32 items to his Cracked.com profile that infringed Obodai’s copyrights. Apparently Obodai never sent 512(c)(3)…
Doctors’ Online Reputation Management and Patient Reviews (Talk Notes from ASAPS Annual Meeting)
…probably illegal, probably unethical and almost certainly counter-productive – Illegality: NY v Network Associates; HHS Office of Civil Rights; contract unconscionability; 512(f); others – Review websites are legally protected by…
The Dangerous Meme That Won’t Go Away: Using Copyright Assignments to Suppress Unwanted Content–Scott v. WorldStarHipHop
…512(c)(3) takedown notice, and thus it never got the requisite knowledge of infringement. However, WorldStar didn’t argue that it requested Scott resubmit a compliant notice as possibly required by 512(c)…
Comments on the Megaupload Prosecution (a Long-Delayed Linkwrap)
…Megaupload’s business choices may not have been ideal, but Megaupload has a number of strong potential defenses for its users’ activities, including 512(c), lack of volitional conduct and more. Whether…
512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom
…for his uploads. Ouellette was a lousy test case for 512(f), but his case reminds us that 512(f) plays effectively no role in 17 USC 512’s overall design of checks-and-balances….
Internet Intermediary Law Slides from Stanford Guest Lecture
…and 17 USC 512 in a single session. I know other Internet Law professors combine the topics, but I normally don’t in my Internet Law course. When I cover online…
Second Circuit Ruling in Viacom v. YouTube Is a Bummer for Google and the UGC Community
…is one of the most significant questions in 512(c) jurisprudence: does 512(c) cover only direct infringement, or both direct and secondary infringement? Most courts have assumed the latter without ever…
Another 512(f) Claim Fails–Ouellette v. Viacom
…didn’t even own). Given the virtual impossibility of winning 512(f) claims, this case just gives us more reasons to favor 512(f) reform. We blog virtually every 512(f) case we see….
Justin.tv Mostly Eliminates Zuffa’s Trademark and Communications Act Claims Over User-to-User Live Video Streaming
…to dismiss that claim. So the case hasn’t gotten to the real meaty claim yet. It’s my (presumably biased) position that Justin.tv should clearly qualify for the 512(c) safe harbor….